Terms of Service

1.1 Eligibility
You must be at least thirteen (13) years of age and a lawful resident of the United States to access and browse the Service. To make a booking, use Concierge Services, or enter into any transaction through the Service, you must be at least eighteen (18) years of age and have the legal authority to enter into binding contracts. By using the Service, you represent and warrant that you meet the applicable eligibility requirements.

1.2 Account Creation
To access certain features, including booking Travel Services and Concierge Services, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if you provide false, inaccurate, or incomplete information, or if you otherwise violate these Terms.

1.3 Booking on Behalf of Others
If you make a booking on behalf of other travelers, you represent that you have obtained their authorization, that you have informed them of all applicable terms and restrictions, and that you accept responsibility for payment and all matters related to the booking on their behalf.

2.1 Permitted Use
The Service is provided for personal, non-commercial use to browse travel information, make bookings, and access Concierge Services. You agree to use the Service lawfully and in compliance with these Terms.

2.2 Prohibited Conduct
You agree not to:

• Use the Service for any unlawful, fraudulent, or prohibited purpose
• Make speculative, false, or fraudulent bookings
• Use the Service for commercial purposes, including reselling Travel Services
• Copy, scrape, extract, or harvest data or content by manual or automated means
• Use bots, spiders, scrapers, or other automated means to access the Service
• Impersonate any person or entity, or misrepresent your affiliation
• Decompile, reverse engineer, or disassemble the Service
• Circumvent or disable security or digital rights management features
• Interfere with, disrupt, or harm the Service, servers, or users
• Upload, transmit, or distribute malware, viruses, or harmful code
• Attempt unauthorized access to the Service or user accounts
• Violate applicable law or third-party rights
• Submit false, misleading, or defamatory reviews or content

We reserve the right to investigate and take legal action for violations. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, and without liability to you.

3.1 Role of WayFy
WayFy acts as an intermediary between you and Travel Providers. We facilitate the booking of Travel Services on your behalf, but we do not own, operate, manage, or control the hotels, resorts, or other properties listed on the Service. The Travel Provider is solely responsible for delivering the Travel Services to you.

3.2 Travel Provider Terms
In addition to these Terms, Travel Providers may impose their own terms, conditions, and restrictions ("Provider Terms") on the Travel Services they offer. Provider Terms may include cancellation policies, payment requirements, check-in and check-out policies, property rules, and other restrictions. You are bound by all applicable Provider Terms, which are made available to you before completing a booking. If there is a conflict between these Terms and the Provider Terms regarding the delivery of the Travel Services, the Provider Terms will govern.

3.3 Booking Confirmation
Upon completion of a booking, we will send a Booking Confirmation to the email address you provide. The Booking Confirmation will include the essential details of your booking, including the property name, travel dates, room type, pricing, and applicable policies. If you do not receive a Booking Confirmation within 24 hours of completing your booking, contact us immediately.

3.4 Pricing
All prices displayed on the Service are in U.S. dollars unless otherwise stated. Prices are subject to change at any time and are not guaranteed until a booking is confirmed and a Booking Confirmation is issued. We reserve the right to correct pricing errors. If a pricing error is identified after a Booking Confirmation has been issued, we will notify you and offer you the option to keep the booking at the corrected price or cancel without penalty.

3.5 Taxes and Fees
Prices displayed on the Service may or may not include applicable taxes, resort fees, service charges, or other fees imposed by Travel Providers or governmental authorities. Any such taxes and fees will be disclosed to you before you complete your booking. You are responsible for paying all applicable taxes and fees associated with your booking.

3.6 No Price Guarantee
Prices for Travel Services are dynamic and are set by the Travel Providers. We do not guarantee that the prices displayed on the Service are the lowest available. Prices may vary based on availability, demand, season, and other factors.

4.1 Payment Methods
We accept major credit cards and other payment methods as displayed during the booking process. By providing a payment method, you represent that you are authorized to use it and authorize us to charge the applicable booking amount.

4.2 Payment Processing
Payment may be processed by WayFy or directly by the Travel Provider, depending on the booking. Payment processing details will be disclosed during the booking process. The entity processing your payment will appear on your payment method statement.

4.3 Payment Verification
We reserve the right to verify your payment method by obtaining a pre-authorization or charging a nominal verification amount. Upon verification, we will charge the full booking amount to your payment method.

4.4 Currency and Exchange Rates
All transactions are processed in U.S. dollars unless otherwise specified. If your payment method is denominated in a different currency, your bank or card issuer may apply a currency conversion fee and an exchange rate that differs from the rate displayed on the Service. WayFy is not responsible for fees imposed by your bank or card issuer.

4.5 Fraud Prevention
If we reasonably believe that a booking or account is associated with fraud, abuse, or suspicious activity, we may cancel any associated bookings, suspend or close any associated accounts, and pursue legal action as appropriate. We may also request additional verification information from you before processing a booking.

5.1 Cancellation by You
You may cancel or modify a booking by contacting our team or through your account on the Service. Cancellations and modifications are subject to the Provider Terms applicable to your booking, including any cancellation fees, penalties, or non-refundable charges imposed by the Travel Provider. These terms are disclosed to you before you complete your booking.

5.2 Cancellation Fees
Travel Providers may charge cancellation fees depending on the timing and terms of your booking. WayFy may also charge an administrative fee for processing cancellations or changes, which will be disclosed to you before you proceed.

5.3 No-Show
If you fail to check in on the first night of your stay without prior notice, the Travel Provider may cancel your entire booking and charge a no-show fee as specified in the Provider Terms. Refunds for no-shows will only be provided in accordance with the applicable Provider Terms.

5.4 Cancellation by Travel Provider or WayFy
A Travel Provider or WayFy may cancel a booking due to non-payment, overbooking, force majeure, or other circumstances beyond our control. If this occurs, we will make reasonable efforts to notify you promptly, assist with rebooking or alternative arrangements, and process an applicable refund.

5.5 Refunds
Refunds, where applicable, will be returned to the original payment method used for the booking. Refund processing times depend on your bank or card issuer and may take up to 10 business days. WayFy service fees are non-refundable unless otherwise stated. If we are unable to resolve a booking issue within 12 hours of your report, a refund will be automatically issued.

6.1 Complimentary Concierge Access
Every booking made through WayFy includes complimentary access to our Concierge Services. Our travel team is available to assist with dining reservations, excursion planning, special requests, travel logistics, and general questions before and during your stay.

6.2 Scope of Concierge Services
Concierge Services are advisory in nature. We will make reasonable efforts to fulfill your requests, but we do not guarantee the availability, quality, or outcome of any services, reservations, or arrangements made through Concierge Services. All third-party services arranged through our Concierge team are subject to the terms, availability, and pricing of the applicable third-party provider.

6.3 Reasonable Use
Concierge Services are intended to enhance your travel experience through reasonable, good-faith requests. You agree to use Concierge Services responsibly and acknowledge the following:

• Requests must be reasonable in scope, frequency, and complexity. Excessive, repetitive, or unreasonably time-consuming requests may be declined at our discretion.
• Each booking is entitled to a reasonable number of modifications. Repeated changes to the same booking, itinerary, or reservation (including cancelling and rebooking the same or similar arrangements multiple times) may result in limited Concierge availability for your booking or administrative fees.
• Our team will make reasonable efforts to accommodate your preferences, but we are not obligated to fulfill requests that are impractical, unreasonable, outside the scope of travel assistance, or that require an unreasonable amount of staff time relative to the booking value.
• Abusive, threatening, or harassing behavior toward our Concierge team will not be tolerated and may result in suspension or termination of Concierge Services and, at our discretion, cancellation of your booking.
• We reserve the right to establish and enforce fair use guidelines for Concierge Services at any time. If your usage exceeds reasonable limits, we will notify you before restricting access.

6.4 Exclusions
Concierge Services do not include emergency assistance, medical services, legal advice, financial advice, or insurance services. In the event of an emergency during your travels, contact local emergency services directly.

6.5 Communication
Concierge communications may occur via email, phone, text message, or in-app messaging. By using Concierge Services, you consent to receiving communications from our team through these channels in connection with your booking.

7.1 Property Descriptions
Property descriptions, photographs, amenity lists, star ratings, review scores, and other information displayed on the Service are provided by Travel Providers, third-party data sources, or generated by WayFy based on available information. While we strive for accuracy, we do not guarantee that such information is complete, accurate, or current. Properties may change their amenities, policies, or offerings at any time without notice.

7.2 Star Ratings and Review Scores
Star ratings displayed on the Service may reflect the property's self-classification, a third-party rating system, or an aggregation from review platforms (such as Google Reviews). Star ratings are provided as general guidance only and do not represent a guarantee of quality, class, or specific amenities. Review scores are based on third-party guest reviews and are not verified or endorsed by WayFy.

7.3 Photographs and Media
Photographs and media displayed on the Service are provided for illustrative purposes to show the general level and type of accommodation. Actual rooms, views, and property conditions may differ from the images shown. WayFy is not responsible for discrepancies between displayed media and the actual property.

7.4 All-Inclusive Details
Where a property is described as "all-inclusive," the specific inclusions (such as meals, beverages, activities, and amenities) are determined by the Travel Provider. All-inclusive programs may vary by room type, booking type, season, or other factors. Certain items or services may be excluded or available at an additional cost. Specific all-inclusive details will be disclosed during the booking process.

8.1 Travel Documents
You are solely responsible for obtaining and maintaining all necessary travel documents, including valid passports, visas, health certificates, and any other documentation required by your destination, transit countries, or applicable governmental authorities. WayFy is not liable if you are denied entry, boarding, or access to any Travel Service due to insufficient or invalid travel documents.

8.2 Health and Safety
You are responsible for checking and complying with all health requirements for your destination, including recommended vaccinations, health advisories, and travel warnings issued by governmental authorities. We recommend consulting your healthcare provider before traveling.

8.3 Travel Advisories
You should review travel warnings and advisories issued by the U.S. Department of State and other relevant authorities before booking and before departing. WayFy is not liable for any loss, injury, or damage arising from travel to destinations subject to travel warnings or advisories.

8.4 Travel Insurance
WayFy strongly recommends that you purchase comprehensive travel insurance to cover trip cancellations, medical emergencies, lost luggage, and other unforeseen events. WayFy does not provide travel insurance and is not responsible for losses not covered by insurance.

9.1 Ownership
The Service, including all text, graphics, logos, icons, images, software, code, and content, is the property of WayFy Inc. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

9.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms. This license does not include the right to collect, aggregate, copy, reproduce, distribute, display, or create derivative works from any content on the Service.

9.3 Trademarks
"WayFy," the WayFy logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WayFy Inc. You may not use such marks without our prior written consent. All other trademarks, logos, and trade names appearing on the Service are the property of their respective owners.

9.4 Copyright Complaints
If you believe that content on the Service infringes your copyright, please notify us in writing at hello@wayfy.co with the following information: (a) a description of the copyrighted work; (b) identification of the infringing content and its location on the Service; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

10.1 Submissions
If you submit or post any content to the Service, including reviews, ratings, comments, photographs, or other materials ("User Content"), you grant WayFy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media.

10.2 Your Representations
By submitting User Content, you represent and warrant that: (a) you own or have the rights to submit the User Content; (b) the User Content is accurate and not misleading; (c) the User Content does not violate any law or infringe any third-party rights; and (d) the User Content complies with these Terms.

10.3 No Obligation
We are under no obligation to publish, display, or retain any User Content. We reserve the right to remove or modify any User Content at our sole discretion, with or without notice.

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.

For more information, please review our Privacy Policy at [wayfy.com/privacy].

The Service may contain links to third-party websites, applications, or services that are not owned or controlled by WayFy. We do not endorse, control, or assume responsibility for the content, products, services, or practices of any third-party site. Your use of any third-party site is at your own risk and subject to the terms and conditions of that site.

13.1 Service Provided "As Is"
THE SERVICE, INCLUDING ALL CONTENT, FEATURES, AND TRAVEL SERVICES DISPLAYED OR MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.2 No Guarantee of Accuracy
WAYFY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR TRAVEL SERVICE DESCRIPTIONS ON THE SERVICE.

13.3 Travel Provider Responsibility
WAYFY IS NOT RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY TRAVEL PROVIDER, OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES RESULTING FROM YOUR USE OF TRAVEL SERVICES.

14.1 Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAYFY INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY TRAVEL SERVICES BOOKED THROUGH THE SERVICE; (C) ANY CONDUCT OR CONTENT OF ANY TRAVEL PROVIDER OR THIRD PARTY; OR (D) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR DATA.

14.2 Cap on Liability
IN NO EVENT SHALL WAYFY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO WAYFY FOR THE SPECIFIC BOOKING GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

14.3 Allocation of Risk
THE LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND WAYFY AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT THESE LIMITATIONS.

You agree to indemnify, defend, and hold harmless WayFy Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; (d) any booking you make through the Service; or (e) any User Content you submit, but only to the extent such claims are not directly caused by WayFy's actions.

16.1 Termination by WayFy
WayFy may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms, applicable law, or is otherwise harmful to WayFy, our team, other users, Travel Providers, or third parties. We may also terminate accounts that have been inactive for an extended period.

16.2 Effect of Termination
Upon termination, your right to use the Service will immediately cease. Any pending bookings may be cancelled at our discretion. You remain responsible for any outstanding payment obligations. All provisions of these Terms that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution.

16.3 Termination by You
You may terminate your account at any time by contacting us or through your account settings. Termination of your account does not cancel any active bookings or relieve you of payment obligations for existing bookings.

All features of the Service are currently provided free of charge. WayFy reserves the right to introduce paid features, premium services, or subscription plans in the future. Any paid features will be subject to additional terms, which will be clearly disclosed to you prior to purchase. You will not be charged for any paid features without your express consent.

18.1 Informal Resolution
Before filing any formal legal proceeding, you agree to first contact us at hello@wayfy.co and attempt to resolve the dispute informally for at least 30 days.

18.2 Binding Arbitration
If the dispute cannot be resolved informally, any claim, dispute, or controversy arising from or relating to these Terms, the Service, or any Travel Services (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in Denver, Colorado, or, at your election, by telephone or video conference.

18.3 Class Action Waiver
YOU AND WAYFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND WAYFY AGREE, NO ARBITRATOR MAY CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON.

18.4 Small Claims Exception
Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of the applicable small claims court.

18.5 Injunctive Relief
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in state or federal court in Delaware or Colorado for any claim involving intellectual property or proprietary rights.

18.6 Opt-Out
You may opt out of the arbitration agreement within 30 days of first accepting these Terms by sending written notice to hello@wayfy.co with the subject line "Arbitration Opt-Out." If you opt out, you and WayFy agree to submit to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado.

These Terms, your use of the Service, and any disputes shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Denver, Colorado, and you consent to the personal jurisdiction of such courts.

WayFy shall not be liable for any failure or delay in performing its obligations under these Terms caused by events beyond our reasonable control, including natural disasters, pandemics, epidemics, acts of war or terrorism, government actions, labor disputes, power failures, internet or telecommunications outages, or other force majeure events.

By using the Service and creating an account, you consent to receive electronic communications from us, including booking confirmations, account notifications, promotional offers, concierge correspondence, and legal notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional communications at any time by following the unsubscribe instructions in any marketing email or by contacting us.

22.1 Applicability
If you access the Service through the Apple App Store, Google Play Store, or any other application distribution platform ("App Provider"), you acknowledge and agree to comply with the applicable App Provider's terms and policies. These Terms are between you and WayFy Inc. only, not with the App Provider.

22.2 App Provider Not Responsible
WayFy Inc., not any App Provider, is solely responsible for the Service, its content, and any claims related to the Service or your use thereof. The App Provider has no warranty, maintenance, or support obligation with respect to the Service.

22.3 Third-Party Beneficiary
You acknowledge that the App Provider and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the app, and the App Provider will have the right to enforce these Terms against you as a third-party beneficiary.

22.4 Compliance
You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

The failure of WayFy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by WayFy.

These Terms, together with the Privacy Policy, Booking Confirmation, and any applicable Provider Terms, constitute the entire agreement between you and WayFy regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

You may not assign or transfer these Terms or any rights or obligations under these Terms without our prior written consent. WayFy may assign these Terms freely, in whole or in part, without restriction.

If you have any questions about these Terms, please contact us:

WayFy Inc.
Denver, Colorado, USA
Email: hello@wayfy.co
Website: wayfy.com